Automated Vehicles Act 2024

Prospective

Part 1 E+W+S Unilateral variation, suspension or withdrawal of authorisation

Ordinary procedure E+W+S

1 (1) Before varying, suspending or withdrawing an automated vehicle authorisation under section 8(2) or (3), the Secretary of State must—

(a) issue to the authorised self-driving entity a notice under sub-paragraph (2), and

(b) consider any representations made by the authorised self-driving entity in response to (and in accordance with) that notice.

(2) A notice under this sub-paragraph is a notice that—

(a) states the Secretary of State’s intention to vary, suspend or withdraw the authorisation,

(b) explains the Secretary of State’s reasons for intending to vary, suspend or withdraw the authorisation, and

(c) specifies the time by which, and manner in which, representations may be made.

(3) Sub-paragraph (4) applies if, having complied with sub-paragraph (1), the Secretary of State decides to vary, suspend or withdraw the authorisation.

(4) The Secretary of State must, in, or in a document issued together with, the notice by which the variation, suspension or withdrawal takes effect, explain the Secretary of State’s reasons for the decision.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 99(1)

Procedure for urgent suspension or temporary variation E+W+S

2 (1) If the Secretary of State considers that the need to suspend an automated vehicle authorisation under section 8(2) or (3) is too urgent for the procedure in paragraph 1 to be followed, that paragraph does not apply and sub-paragraphs (2) and (3) apply instead.

(2) The Secretary of State must—

(a) in, or in a document issued together with, the notice by which the suspension takes effect—

(i) explain the Secretary of State’s reasons for suspending the authorisation, and

(ii) specify the time by which, and manner in which, representations may be made, and

(b) as soon as reasonably practicable after suspending the authorisation—

(i) consider any representations made by the authorised self-driving entity in response to (and in accordance with) that notice, and

(ii) decide whether to lift the suspension.

(3) If, having complied with sub-paragraph (2), the Secretary of State decides not to lift the suspension, the Secretary of State must issue to the authorised self-driving entity a notice that—

(a) states the Secretary of State’s decision, and

(b) explains the Secretary of State’s reasons for the decision.

(4) The preceding sub-paragraphs apply in relation to temporary variation as they apply in relation to suspension; and for that purpose the references to lifting the suspension are to be read as references to reversing the variation.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 99(1)

Appeals E+W+S

3 (1) If an automated vehicle authorisation is varied, suspended or withdrawn under section 8(2) or (3), the authorised self-driving entity may appeal to the Tribunal.

(2) The grounds on which an appeal may be brought are—

(a) in a case where the Secretary of State acted under section 8(2) in reliance on section 8(4)(a), that the failure to meet authorisation requirements did not occur;

(b) in a case where the Secretary of State acted under section 8(2) in reliance on section 8(4)(b), that the commission of a traffic infraction did not occur;

(c) in a case where the Secretary of State acted under section 8(2) in reliance on section 8(4)(c), that the Secretary of State’s conclusion was based on a mistaken finding of fact;

(d) that the decision to vary, suspend or withdraw the authorisation was unreasonable;

(e) that the Secretary of State failed to comply with paragraph 1 or 2, or made some other procedural error, in respect of the variation, suspension or withdrawal.

(3) If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and—

(a) direct that the variation, suspension or withdrawal be undone, or

(b) remit the matter to the Secretary of State with a direction that the Secretary of State consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to undo the variation, suspension or withdrawal.

(4) Otherwise, the Tribunal must dismiss the appeal.

(5) Sub-paragraph (6) applies if—

(a) a direction is made under sub-paragraph (3)(b), and

(b) by the specified time, the Secretary of State has not undone the variation, suspension or withdrawal.

(6) The authorised self-driving entity may on application re-open the appeal on any of the original grounds further to which the direction under sub-paragraph (3)(b) was made; and sub-paragraphs (3) and (4) apply again in relation to the grounds on which the appeal is re-opened.

(7) In this paragraph—

(a) references to the undoing of a variation, suspension or withdrawal refer—

(i) in the case of variation, to the reversal of the variation,

(ii) in the case of suspension, to the lifting of the suspension, or

(iii) in the case of withdrawal, to the restoration of the withdrawn authorisation;

(b) references to the authorised self-driving entity include, in the case of a withdrawn authorisation, the person who was the authorised self-driving entity immediately before the withdrawal;

(c) “the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (8).

(8) Tribunal Procedure Rules may provide for an appeal under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 99(1)

Backstop procedure for cases where authorised self-driving entity defunct E+W+S

4 (1) Sub-paragraph (2) applies if the Secretary of State is satisfied, in relation to an authorised automated vehicle, that—

(a) there is no longer an authorised self-driving entity, or

(b) the authorised self-driving entity is no longer capable of being issued with a notice under paragraph 1 or 2.

(2) The Secretary of State may suspend or withdraw the automated vehicle authorisation in question without the agreement of the authorised self-driving entity and without complying with paragraph 1 or 2.

(3) Section 9(6) does not apply to a suspension or withdrawal in reliance on this paragraph, which instead takes effect—

(a) when notice of it is published by the Secretary of State, or

(b) at such later time as is specified in the notice.

(4) If an automated vehicle authorisation is suspended or withdrawn in reliance on this paragraph, the authorised self-driving entity may appeal to the Tribunal on the ground that the Secretary of State was wrong to be satisfied as described in sub-paragraph (1).

(5) If satisfied that that ground is made out, the Tribunal must allow the appeal and direct that the suspension or withdrawal be undone; and otherwise the Tribunal must dismiss the appeal.

(6) Sub-paragraphs (7) and (8) of paragraph 3 apply in relation to sub-paragraphs (4) and (5) of this paragraph as they apply in relation to that paragraph.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 99(1)